Srinithi Mahalakshmi R v. M/S. Canara Bank

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Srinithi Mahalakshmi ... Petitioner -vs1.M/s.Canara Bank, Rep. by its Branch Manager, Railway Junction Branch, First Floor, City Tower No.1, Royal Road, Cantonment, Trichy, Trichy District.

2.The Authorised Officer, M/s.Canara Bank, Railway Junction Branch, First Floor, City Tower No.1, Royal Road, Cantonment, Trichy, Trichy District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to extend the period of payment of installments by modifying

the order dated 21.03.2023 in W.P(MD) No.6102/2023 passed by this Court. For Petitioner :

Mr.B.Rajesh Saravanan For Respondents :

Mr.C.Deepak

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Though this petition has been filed as a fresh writ petition, in effect, the petitioner seeks an extension of time to pay the installments as directed by us in our order dated 21.03.2023 made in W.P.(MD) No.6102 of 2023.

2. Learned counsel appearing for the respondent - bank would submit that the sale has already been taken place, confirmation has been given and the purchaser has been paid only 25% of the amount.

3. It is not in dispute that the petitioner has been paid a sum of Rs.65,00,000/- (Rupees Sixty Five Lakhs only) as on 31.03.2023. The time is sought for paying the remaining installments. The remaining installments which

are to be commenced from 20.04.2023 are postponed for a period of two months. The other conditions stipulated in the order dated 21.03.2022 made in W.P.(MD) No.6102 of 2023 will remain unaltered. In the mean time, the bank shall not get the sale certificate registered. If there is a default in payment as directed above, the respondent - Bank can proceed further in accordance with law. No costs. [R.S.M., J.] [L.V.G., J.] 28.04.2023 NCC : No Index : No Internet : Yes PKN

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 28.04.2023